Preventing Repossession - Steps You Can Take To Save Your Home
Posted by: James Bailey in Finance, tags: FinanceMissing mortgage payments and being threatened with repossession is every homeowner’s worst nightmare, yet every year thousands of people lose their homes. Lenders take court action to gain control and ownership of your property, so that they can sell it to recover the debt you have failed to repay. Your account is “in arrears” if you miss a mortgage payment, and generally after two or three missed payments lenders will start repossession proceedings.
Just because you have gone into arrears and your lender is threatening court action doesn’t mean you will lose your home. Often a solution can be found that is acceptable to the lender and you. Selling your property, refinancing it with the existing or another lender, or finding the money to pay off the arrears are just some of the possibilities.
Getting in touch with your lender is strongly advisable. By making contact you are giving yourself and the lender a chance to find a solution that is suitable for you both without the need for court. Some lenders are willing to help and can offer a number of solutions e.g. switching to interest only payments or increasing the term of the loan. Whether you can reach agreement with your lender will depend on your circumstances, but a judge will be more synmpathetic if you can show you have at least attempted to reach a solution.
Assuming you do have to go to court, then its worth noting that although serious, its far less formal than you may think. Possession hearings are held in the county court and are in private rooms. The lender is likely to be represented by a legal clerk. You, the lender and the judge will all be seated at a table and generally hearings only last ten minutes. Its your opportunity to explain what’s happened and aim to reach agreement on clearing the debt so you can keep your home.
At the hearing the judge will be looking to identify what you can do to pay off the arrears and meet your commitment for the normal monthly payment. You could offer to pay off all or a significant sum towards the arrears. Clearing the arrears will mean the lender has no reason to possess the property. Another option is to offer to meet further monthly payments in full, with a contribution towards the arrears. In this case the judge may grant a suspended possession order allowing you to keep your home provided you meet this commitment. Whether the judge is likely to grant extra time for options such as refinancing or selling your home will be dependent on how far these have progressed.
Selling your home is an option, though judges will want to see the transaction has progressed and an offer accepted before considering suspending your repossession. A good estate agent will realistically price your property, market it well and check out potentials buyers financial situation to help you achieve a fast sale. Refinancing is an option, though bear in mind this will depend on the speed with which a broker can process your application and find a suitable product. There will be few lenders available to you and the cost may be high over the long term.
If you are granted extra time at court, it generally comes in the form of a suspended possession order. This enables you to keep your home provided you meet the terms of the agreement set out in the hearing e.g. a commitment to make future agreed payments. Alternatively the judge may grant you an extra 28 days with a future hearing after that time to progress whatever solution you have proposed. If however you fail to win the verdict and the lender is granted possession you will generally have 28 days before eviction.
Organisations are available to help homeowners facing repossession. These are registered charities or government funded organisations, the most well known being Shelter, NationalDebtline and CAB (Citizens Advice Bureau). It’s important to recognise that you are in difficulty, face up to it and take action and get some help from organisations such as these. That way you give yourself the best chance of saving your home from repossession.
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